Legal Question in Workers Comp in Virginia
crush thumb injury
can you sue if you are getting workers compensation
2 Answers from Attorneys
Re: crush thumb injury
Yes, if there is a valid third party (not the employer) against which to claim. There is a potential offset against this claim, however.
Re: crush thumb injury
I have 35 years of practice as a workers compensation lawyer in Virginia. You can sue for a crushed thumb injury if the injury was caused by a third party other than your employer. Normally, if your employer provides workers compensation insurance coverage, then you cannot sue your employer or the fellow employee who may have caused your injury. You have two years to file such a personal injury law suit against the third party or the manufacturer of the machine who caused your injury. For more information, check my website at www.virginiadisabilitylawyer.com.
Jerry Lutkenhaus